Legislative Bulletin

 

 

Hello all,

The National Immigration Forum's Legislative Bulletin for Friday,
December 17, 2021 is now posted. As we head into the holiday season, we
want to thank you for your reading our bulletin this year. We will
publish our next bulletin until Friday, January 7, 2022.

You can find the online version of the bulletin
here: [link removed]

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All the best,

Arturo 

**LEGISLATIVE BULLETIN - Friday, December 17, 2021**BILLS INTRODUCED AND
CONSIDERED

LEGISLATIVE FLOOR CALENDAR

UPCOMING HEARINGS AND MARKUPS

THEMES IN WASHINGTON THIS WEEK

GOVERNMENT REPORTS

SPOTLIGHT ON NATIONAL IMMIGRATION FORUM RESOURCES

BILLS INTRODUCED AND CONSIDEREDS. 3347

**Masih Alinejad Harassment and Unlawful Targeting (HUNT) Act of 2021**

The bill would prohibit the issuance of any type of visas to individuals
who are engaged in abuses toward dissidents of the Government of Iran.

Sponsored by Senator Patrick Toomey (R-Pennsylvania) (2

cosponsors- 2  Democrats, 0 Republicans)

12/08/2021 Introduced in the Senate by Senator Toomey

12/08/2021 Referred to the Senate Committee on Foreign Relations

S. 3406

**To amend section 214(c)(8) of the Immigration and Nationality Act to
modify the data reporting requirements relating to nonimmigrant
employees**

Sponsored by Senator Richard Blumenthal (D-Connecticut) (3

cosponsors- 2 Republicans, 1 Democrat)

12/15/2021 Introduced in the Senate by Senator Blumenthal

12/15/2021 Referred to the Senate Committee on the Judiciary

H.R. 6155

**No Tax Dollars for the United Nation's Immigration Invasion Act**

The bill would prohibit the U.S. government from funding the United
Nations High Commissioner for Refugees (UNHCR), the International
Committee of the Red Cross (ICRC), the United Nations Relief and Works
Agency for Palestine Refugees in the Near East (UNRWA), and the
International Organization for Migration (IOM).

Sponsored by Representative Lance Gooden (R-Texas) (11

cosponsors- 11 Republicans, 0 Democrats)

12/07/2021 Introduced in the House by Representative Gooden

12/07/2021 Referred to the House Committee on Foreign Affairs

H.R. 6177

**Protecting Ballot Measures From Foreign Influence Act**

The bill would prevent non-U.S. citizens from donating money to fund
ballot initiatives and referendums. This is a companion bill of S. 3136
.

Sponsored by Representative Jim Banks (R-Indiana) (1

cosponsor- 1 Democrat, 0 Republicans)

12/08/2021 Introduced in the House by Representative Banks

12/08/2021 Referred to the House Committee on House Administration

H.R. 6206

**American Tech Workforce Act**

The bill would create a wage floor for H-1B visas set at the higher of
the annual wage last paid to an American worker who filled the position
or $110,000 (adjusted for inflation). It would also eliminate the
Optional Practical Training program that allows certain immigrants that
come to the U.S. under a student visa and have graduated to work in the
U.S. for up to three years if they have a STEM degree. The bill would
also limit the ability of employers to fill vacancies with H-1B
recipients sponsored by third-party companies. It would also limit the
maximum validity period of the visas to 1 year.

Sponsored by Representative Jim Banks (R-Indiana) (14

cosponsors- 14 Republicans, 0 Democrats)

12/09/2021 Introduced in the House by Representative Banks

12/09/2021 Referred to the House Committee on the Judiciary

H.R. 6222

**Protecting Immigrants from Legal Exploitation Act**

The bill would create penalties for those who provide fraudulent
immigration legal services. It would also allow immigrants who are
victims of fraud to have their immigration cases reconsidered under
certain circumstances. The bill would also create grant programs to
educate immigrants on how to avoid legal service fraud and to assist
qualified non-profit organizations in providing immigrants with legal
services.

Sponsored by Representative Bill Foster (D-Illinois) (12

cosponsors- 12 Democrats, 0 Republicans)

12/09/2021 Introduced in the House by Representative Foster

12/09/2021 Referred to the House Committee on the Judiciary

H.R. 6239

**Upholding the Law at Our Border Act**

The bill would require the Inspector General of the Department of
Homeland Security (DHS) to investigate and submit a report on the
screening and processing of migrants apprehended along the southwest
border, the total number of undocumented migrants who were processed and
released into the interior of the United States, the number of
undocumented migrants who received parole, and the total number of
undocumented migrants who have been placed in removal proceedings. This
is a companion bill of S. 3263
.

Sponsored by Representative Elise Stefanik (R-New York) (42

cosponsors- 42 Republicans, 0 Democrats)

12/09/2021 Introduced in the Senate by Representative Stefanik

12/09/2021 Referred to the House Committee on the Judiciary

H.R. 6242

**Family Unity Act**

The bill would clarify that limitations on judicial review of certain
removal proceedings apply only in the case of discretionary
determinations. The clarification would strengthen the right to due
process of immigrants facing deportation. The bill would bring the law
in line with the Supreme Court ruling in Reno v. American-Arab
Anti-Discrimination Committee in 2000.

Sponsored by Representative Rashida Tlaib (D-Michigan) (2

cosponsors- 2 Democrats, 0 Republicans)

12/09/2021 Introduced in the House by Representative Tlaib

12/09/2021 Referred to the House Committee on the Judiciary

H.R. 6243

**To prohibit Federal public benefits for or naturalization of any alien
who receives a payment pursuant to an agreement to settle certain civil
actions**

Sponsored by Representative Randy Weber Sr. (R-Texas) (9

cosponsors- 9 Republicans, 0 Democrats)

12/09/2021 Introduced in the House by Representative Weber

12/09/2021 Referred to the House Committees on the Judiciary and on
Oversight and Reform

H.R. 6256

**Uyghur Forced Labor Prevention Act**

The bill would prohibit the issuance of any type of visas to individuals
engaged in gross violations of human rights in Xinjiang, China.

Sponsored by Representative James McGovern (D-Massachusetts) (1

cosponsor- 1 Republican, 0 Democrats)

12/14/2021 Introduced in the House by Representative McGovern

12/14/2021 Referred to the House Committees on Foreign Affairs, Ways and
Means, and the Judiciary

12/14/2021 Bill agreed to by voice vote

12/15/2021 Received in the Senate

H.R. 6275

**To prohibit the use of Federal funds to administer a COVID-19 vaccine
to officers and employees of the U.S. Border Patrol, U.S. Immigration
and Customs Enforcement, or certain Department of the Interior officers
and employees or require that such officers and employees receive such a
vaccine as a condition of employment.**

Sponsored by Representative Nancy Mace (R-South Carolina) (0

cosponsors)

12/14/2021 Introduced in the House by Representative Mace

12/14/2021 Referred to the House Committees on Homeland Security,
Natural Resources, and the Judiciary

LEGISLATIVE FLOOR CALENDARThe U.S. Senate will be in session the week of
Monday, December 20, 2021.

The U.S. House of Representatives will not be in session the week of
Monday, December 20, 2021.

UPCOMING HEARINGS AND MARKUPSThere are no immigration-related hearings
scheduled for the week of Monday, December 20, 2021.

THEMES IN WASHINGTON THIS WEEK

****Federal****

****Senate Parliamentarian Rules Against Immigration Relief in Budget
Reconciliation Bill****On December 16, the Senate Parliamentarian -
the chamber's nonpartisan rules referee - ruled against

the inclusion of immigration provisions in the budget reconciliation
bill, commonly known as the Build Back Better Act. She was asked to
determine whether providing temporary parole protection for millions of
undocumented immigrants who entered the U.S. before 2011 is
budget-related and consequently germane to the reconciliation process.
While the Parliamentarian recognized the fiscal benefits of providing
parole to almost 6.5 million immigrants in the United States, she argued

that "these are substantial policy changes with lasting effects, just
like those we previously considered, and outweigh the budgetary impact."
Therefore, she ruled that the proposal is not appropriate for inclusion
in a reconciliation bill.

This is the third time that the parliamentarian has ruled against the
inclusion of immigration provisions in the Build Back Better Act. On
September 19, the Parliamentarian first ruled

against the Democrats' initial plan to include a pathway to citizenship
for Dreamers, Temporary Protected Status (TPS) holders, and essential
workers in the bill. Then, on September 29, the parliamentarian gave an
informal ruling

against a proposal to update the registry date
.

Senate Democrats can disregard the parliamentarian's ruling, but they
would need all 50 Senate Democrats to overrule her decision and survive
subsequent Republican objections. However, Senator Joe Manchin (D-West
Virginia), among other Senate Democrats, has raised concerns

about disregarding the parliamentarian's guidance and the bill's
structure in general.

On December 16, Senator Richard Durbin (D-Illinois), chairman of the
Senate Judiciary Committee, said

he was disappointed by the Parliamentarian's ruling and expressed that
Democrats are "considering what options remain."

****Biden Administration Halts Settlement Negotiations for Families
Separated at the Border****On December 16, the Department of Justice
(DOJ) pulled out of negotiations

to pay monetary damages to families who were separated at the border
under the Trump administration's "zero-tolerance policy." The
negotiations were part of a legal strategy to settle a class-action
lawsuit

that the American Civil Liberties Union (ACLU) filed against the U.S.
government in 2019, "seeking damages on behalf of thousands of
traumatized children and parents who were forcibly torn from each
other." More than 940 claims have been filed to date regarding Trump-era
family separation at the border. An October 24 Wall Street Journal
report

revealed that the Biden administration was considering settling the
lawsuit by paying approximately $450,000 per person.

The report on the potential settlement sparked criticism

from Congressional Republicans, who called the payments unwarranted. The
DOJ did not provide details on the reasons

that motivated the agency to break off negotiations. In a statement,
however, the DOJ said the parties had been unable to settle, but "we
remain committed to engaging with the plaintiffs and to bringing justice
to the victims of this abhorrent policy." Now that a settlement
agreement is no longer on the table, the courts will have to decide the
amount that each person deserves, which could potentially be higher than
$450,000.

The zero-tolerance policy, which was met with widespread criticism from
members of Congress, faith groups, and the general public, resulted in
the separation of more than 3,900

children from their parents in 2017 and 2018. The Trump administration
failed to properly keep records of those that were separated, and, as of
December 6, more than 1,443

separated migrant children have yet to be reunited with their parents.

****November Refugee and SIV Data Reveal Moderate Increase in
Admissions****On December 16, the Biden Administration released
refugee resettlement
data for the month of November.  The U.S. resettled 1,639 refugees in
the second month of the new fiscal year (FY), a sharp increase from the
402 refugees resettled in October. However, even after this increase,
the current resettlement pace would lead to a total of only 12,046
refugees resettled in all of FY 2022. That number continues to lag far
behind the refugee ceiling of 125,000 announced by President Biden in
September.

The increase in November resettlement was driven in large part by a
steep increase in Syrian refugees, rising to 452 in November from 71 in
October. the Biden administration has resettled more Syrian refugees in
the past two months than during all of FY 2018 or 2020.

The November resettlement data also reveals just 309 Special Immigrant
Visas were granted to Afghans in November, a slight decrease from the
312 in October. These numbers are still far below the peaks in the
summer when the administration granted over 3,000 SIVs a month. Those
still in Afghanistan are unable to continue their applications and while
many of those evacuated under parole are reportedly eligible for SIVs,
very few have been able to complete their applications from within the
U.S. Without official SIV or refugee status, evacuated Afghans remain on
temporary parole and lack a clear path to permanent residence.

****Border Apprehensions Rose in November for the First Time Since
July****According to multiple reports

on December 16, preliminary data from U.S. Customs and Border Protection
(CBP) show that the overall number of migrant apprehensions at the
Southwest border in November rose for the first time since July. CBP
made over 173,600 arrests in November, a 5 percent increase from
October.

The rise in apprehensions was driven by a sharp increase in arrivals

from Venezuela, which jumped to more than 20,000, a 54 percent
increase from the month before, according to the reports. Additionally,
a steady arrival of Cubans, Mexicans, and Central Americans contributed
to the increased apprehension numbers. Approximately half of those
arrested were expelled to their native countries or to Mexico under
Title 42, but almost all unaccompanied minors and most family members
apprehended were allowed into the United States. The data does not yet
account for the reimplementation of the Migrant Protection Protocols

(MPP), which went back to effect on December 6.

****Biden Administration Upholds Flores Settlement Agreement to Protect
Migrant Children in US Custody****On December 10, the Biden
administration discarded

a Trump-era rule designed to replace the landmark Flores Settlement
Agreement, which sets the standards of care for children in U.S.
immigration custody. For decades, the Flores settlement
has allowed advocates and
lawyers to inspect facilities housing migrant children, ensure officials
are providing adequate care and services to minors in U.S. custody, and
seek relief in federal court if they determine the government is
violating the terms of the agreement.

The decision was made public after a December 10 CNN report

revealed that officials from the Office of Refugee Resettlement (ORR)
were alarmed "at the erosion of child-welfare-centered approaches" for
the care of unaccompanied children. According to CNN, ORR officials were
concerned that the Biden Administration was ditching "even the most
basic safety procedures" and setting up facilities "run like disaster
camps." In response to the report, a White House spokesperson stated

that "the Biden Administration takes its responsibility to care for and
protect unaccompanied children in its custody seriously. We abide by the
standards of care applicable to children in shelter settings."

****VP Harris Announces Private Investments in Central America to Tackle
Root Causes of Migration****On December 13, Vice President Kamala Harris
announced

seven private investment commitments to support economic development in
Honduras, Guatemala, and El Salvador.

The investments

- aimed at tackling the root causes of migration - include: A
PepsiCo promise to spend $190 million through 2025 to improve its plants
and expand distribution routes; a Cargill promise to invest $160 million
over the next five years to support producers in the protein and animal
nutrition supply chains; a Parkdale Mills promise to spend $150 million
to build a new yarn-spinning facility in Honduras; a Mastercard
committed $100 million to facilitate digital acceleration in the region;
and a CARE International pledge to spend $50 million to establish a new
Center for Gender Equity to support women and young people in Central
America.

The new commitments are part of a call to action

that Harris announced on May 27. Since then, businesses and social
enterprises have invested more than $1.2 billion

in the Northern Triangle.

****DHS Announces Commitment to Enhance Protections for Stateless
Individuals in the United States****On December 15, the Department of
Homeland Security (DHS) announced

it would adopt a formal definition of statelessness for immigration
purposes and it would work to enhance protections for stateless
individuals living in the United States. Recent estimates suggest that
around 4,000

stateless individuals live in the U.S., but the number could be much
higher given that there is no existing mechanism to monitor the
population. By adopting a standardized definition of statelessness, DHS
aims to identify and catalog barriers encountered by stateless people in
the U.S.

Additionally, DHS plans to establish a process to collect additional
data on stateless persons in the U.S. and to examine the means through
which the DHS can better identify and protect such individuals. In the
announcement, DHS Secretary Alejandro Mayorkas stated

that "statelessness presents significant humanitarian concerns that
require a careful and thoughtful response specifically tailored to the
distinct and diverse needs of stateless persons."

****Legal****

****Fifth Circuit Upholds Ruling that Orders Biden Administration to
Reinstate MPP****On December 14, the Fifth Circuit rejected

the Biden administration's appeal to allow an end to the Migrant
Protection Protocols (MPP), commonly known as the Remain in Mexico
Program. The three-judge panel agreed with the District court that DHS's
termination of MPP violated the Administrative Procedures Act (APA).

The Biden administration had stopped

enrollment in MPP in January and officially terminated the program in
June. However, on August 13, a federal judge in Texas ruled

that the termination of MPP violated the APA. After the U.S. Supreme
Court declined to stay

the ruling on August 24, the Biden administration was required to
reimplement the program. On October 29, the Biden administration issued
a lengthy, 39-page second memorandum

further justifying its decision to terminate MPP and addressing
extensively the potential costs and benefits. However, the Fifth Circuit
ruling
disregarded this memo as "simply typing out a new Word document and
posting it on the internet."

The Biden administration can now appeal the Fifth Circuit's ruling
before the Supreme Court.

The Fifth Circuit ruling came after the Biden administration resumed

the implementation of MPP on December 6. The renewed program, which
began in the El Paso sector, requires migrants seeking asylum along the
southwest border to wait in Mexico while their asylum claims are
adjudicated, a process that often takes years. MPP was first implemented
by the Trump administration in 2019, and it immediately resulted
in significant
human rights and due process concerns.

****State & Local****

****Florida Governor Ron DeSantis Publishes Rule to Stop Issuing
Licenses to Shelters that House Unaccompanied Migrant Children****On
December 10, Florida Governor Ron DeSantis published an emergency rule

to stop issuing licenses to shelters that house unaccompanied migrant
children (UAC) in the state in the event the Biden administration does
not agree to a series of demands. DeSantis demands $8 million

in federal funds to create a new program that would allow the state to
contract with private companies to transport undocumented immigrants,
including children, out of Florida. Child welfare professionals
criticized

the rule, arguing that it undermines children's need for safe
placements, disrupts their connection to family, and disregards what
American law codifies as the needs of unaccompanied children. Others
argue that DeSantis's rule would force

more kids into unlicensed emergency intake sites at military bases and
convention centers, which have received criticism

from both Republicans and Democrats for being unsafe and unsuitable for
children.

Also on December 10, DeSantis announced

a legislative proposal to prevent private entities from assisting in the
resettlement of undocumented immigrants, including children, into
Florida. The bill would prohibit

state and local agencies from doing business with shelters that house
undocumented immigrants. It would also bar state agencies from renewing
contracts with carriers that transport undocumented immigrants into
Florida. Moreover, the bill would force private entities that help
undocumented immigrants in Florida to pay monetary compensation to the
state for the costs of unauthorized immigration that may fall on the
public.

****Legislators in Oregon Approve $18.2 Million for Afghan Refugee
Resettlement****On December 13, the Oregon Legislature appropriated

$18.2 million to aid Afghan refugee resettlement in Oregon with housing,
legal services, language, and job training programs. The funding will
help up to 1,200 Afghan evacuees expected to be resettled in the state
in 2022. The bill was spearheaded by State Senator Kayse Jama, who
arrived in the U.S. as a refugee from Somalia 22 years ago, and State
Representative Khanh Pham, whose parents fled Vietnam after the war.
After the bill passed, Jama said

that he did not want anybody fleeing war and persecution to experience
what he experienced coming to this country. "I want to make a commitment
that all of us will welcome them," he said.

GOVERNMENT REPORTS

**Congressional Research Service (CRS):****The Biden Administration's
Immigration Enforcement Priorities: Background and Legal
Considerations**

**; December 10, 2021**This legal sidebar from the Congressional
Research Service (CRS) provides an overview of the Biden
administration's immigration enforcement priorities and the legal
considerations that they raise. The Guidelines for the Enforcement of
Civil Immigration Law, which took effect on November 29, 2021, emphasize
the need to focus on immigrants who pose a threat to national security,
border security, or public safety. The guidelines also highlight the
need to exercise prosecutorial discretion to achieve justice in
immigration enforcement.

**SPOTLIGHT ON NATIONAL IMMIGRATION FORUM RESOURCES****Explainer: What's
Happening at the U.S.-Mexico Border**
This
regularly updated explainer breaks down what is happening at the
U.S.-Mexico border, analyzing CBP data on recent apprehensions,
describing the impact and use of Title 42 expulsions as well as the
treatment of arriving UACs, and providing additional context on reports
of increased migration to the U.S. and releases of migrant families into
the interior. The explainer also includes a Facebook live discussion
covering recent developments at the border.

**Explainer: Humanitarian Parole and the Afghan Evacuation**
This
resource explains what parole is, describes the eligibility
requirements and vetting procedures currently in place
for Afghan parolees, and discusses what benefits parolees receive
when they arrive in the US The explainer also
discusses the options available for those at risk who have been left
behind in Afghanistan, as humanitarian parole can also be accessed by
those who are able to escape on their own to third countries.

**Explainer: DHS Immigration Enforcement Guidelines**
This
is an explainer on the new DHS immigration enforcement priorities
issued on September 30. The new guidance provides flexibility
to DHS personnel, who are advised to balance aggravating and
mitigating factors when making enforcement determinations.

* * *

*This Bulletin is not intended to be comprehensive. Please contact
Arturo Castellanos-Canales, National Immigration Forum Policy and
Advocacy Associate, with comments and suggestions of additional items to
be included. Arturo can be reached at [email protected]
. Thank you.

 

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